As consumption of cannabis surges, Germany clears partial legalisation
On February 23, the lawmakers approved the partial legalisation, with 407 MPs voting for it and 226 voting against it; adults can possess up to 25 gm while outside, 50 gm at home, and a person can grow three marijuana plants at home; Christian Democrats c
t the stroke of midnight on April 1, the area around Berlin’s famous Brandenburg Gate was shrouded in a fog of smoke emanating from the thousands of lit joints. The German Cannabis Association organised a smokein to celebrate the legalisation of the recreational consumption of cannabis (or marijuana). Around 1,500 people had assembled this spring night to celebrate publicly what was deemed illegal until then.
Masha M. was one of the revellers celebrating this decriminalisation of cannabis use. “I am happy because now I can plant my cannabis, which is excellent. Earlier, this was illegal. I have worked for a long time with drug addicts, and it is very important to remove this taboo on cannabis consumption and decriminalise it.”
A 33yearold Markus H. attracted much attention thanks to his placard, which had the number 420 alongside the hemp leaf traced out with LED lights. Having gotten into trouble twice with the authorities, Mr. Markus was pleased that he would no longer have to worry about consuming cannabis in public.
On 23 February, German lawmakers approved the partial legalisation of cannabis, with 407 MPs voting for it, 226 voting against it, and four abstaining from voting. In Parliament, German Health Mi
Anister Karl Lauterbach (Social Democrats or SPD) noted that the cannabis policy in the last ten years had failed. “We want to pursue two goals with this regulation: to fight the black market for these drugs and improve the protection of children and young people.”
Mr. Lauterbach cited the doubling of cannabis consumption among 12 to 17yearolds and 18 to 25yearolds in the last 10 years as a prime motivator to reconsider cannabis regulation.
The Christian Democrats (CDU/CSU), who sit in the Opposition, called the cannabis law an “absolute mistake”. “The future limits on cannabis possession are a carte blanche for each small dealer to operate their business more or less openly. It will not be possible for the police and regulatory authorities to control the manifold and partly absurd regulations,” said Tino Sorge, the health policy spokesperson for the CDU/CSU parliamentary group.
While cannabis has been partially legalised, you still cannot buy it over the counter.
Acquisition rules
The German government joins other European nations, such as Malta and Luxembourg, when it comes to legalising recreational cannabis. However, many rules exist around acquisition and where one can consume it. Adults can possess up to 25 gm of them when outside, 50 gm at home, and three marijuana plants per person can be grown at home.
Nonprofit Cannabis Social Clubs or cannabis growing cooperatives, which will start functioning from July 1, are the only legal organisations from where cannabis can be sourced. These clubs cannot sell marijuana over the counter, but a German resident has to become a member of the club and can only preorder marijuana (50 gm per person per month; 30 gm if one is under 22 years). There would be no shops selling marijuana or its seeds in Germany per the regulation. If you are visiting Germany as a tourist, it’s next to impossible to procure marijuana legally.
Thorsten Dietrich, chairman of Berlin’s first Cannabis Social Club founded in 2016, expressed pleasure at the passing of the cannabis regulations. He had brought along a lifesize sculpture of the hemp leaf, which many revellers used as a backdrop for clicking photographs.
“This is a historical moment. We have been fighting to make growing cannabis legal for our members,” said Mr.
Dietrich.
There are many restrictions, such as not smoking around people under 18, not smoking within 100 metres of schools, kindergartens, playgrounds, and sports facilities, and not smoking in pedestrian zones between 7 a.m. to 8 p.m. Even within the cannabis social clubs, smoking is forbidden. Advertising of these cannabis clubs and cannabis products is prohibited. Derivatives of cannabis, namely edibles, hash brownies, oils, teas, and so on, are prohibited from sale. The cannabis grown at home cannot be sold to someone else either.
Mr. Dietrich noted that the regulations are still a bit complex. “We have contracted a couple of lawyers to clarify these things. Until then, I can’t say more on that,” he said.
First step
Steffen Geyer, the head of the Hemp Museum in central Berlin and the chairman of CSCD (an umbrella organization of German cannabis social clubs), conducted a discussion round with other experts in the hemp scene about the new regulations. The discussion took place in the Hemp Museum’s basement, which resembled an art enthusiast’s cosy living room. A wall surrounded by street art and cardboard cutouts with hemp leaf motifs all around formed the backdrop.
Mr. Geyer called this regulation a small step in the right direction as one gets the freedom to grow and consume cannabis.
“Germany has the most liberal cannabis law in Europe, but that may not last for long. Czech Republic and Lichtenstein are working on a different law, and they want to be less bureaucratic than Germany,” said Mr. Geyer, referring to the many rules surrounding acquiring cannabis and running social clubs.
When asked if the black market would drastically reduce, Mr. Geyer said he didn’t see that happening with the current regulations.
“These social clubs aren’t allowed to sell cannabis on the spot. As a member, you will need to tell the club how much cannabis you want, and you will have it three months later. You also participate in growing cannabis as a club member. This is fine for someone who wants to stock up, but for the occasional consumer, it’s not practical. Many people will not participate in these legal ways of acquiring cannabis,” said Mr. Geyer.
Another strange regulation that Mr. Geyer criticised was not allowing smoking within the cannabis social clubs. “We expect the Federal Constitutional Court to get rid of this ruling, as it doesn’t make sense,” he said.
Apart from the CDU/ CSU, the new regulations have also seen pushback from the medical association.
(Nimish Sawant is an independent journalist based in Berlin)